Case law

United States v. Louisiana

751 F. Supp. 621 · District Court, E.D. Louisiana · Oct 30, 1990

The board has discretion to make further selectivity distinctions with the remaining institutions, so long as the admissions standards of the five selective schools designated herein clearly distinguish them from the remaining … Moreover, the board shall establish a state-wide other race scholarship program. (b) Other race admissions officers.

Gaither v. Green

40 La. Ann. 362 · Supreme Court of Louisiana · Mar 15, 1888

In case there be difficulty in interpreting the qualifying words in a sentence, the rule is to apply them to such other words or phrase as shall immediately precede them therein, rather than to those more remote. … Instead of abrogating the taxes which had been levied under the law of 1879, it. was the clearly expressed intention of the Legislature to leave them in proprio vigore.

State v. Williamson

805 So. 2d 1235 · Louisiana Court of Appeal · Jan 23, 2002

Clearly defendant had the specific intent to kill or cause great bodily harm to Estal, Scott and Michael Thompson. … The eyewitness testimony clearly established that defendant went into the Soap Opera with the stated purpose of kidnaping his girlfriend and killing anyone who interfered.

Commonwealth Life Insurance v. Neal

521 F. Supp. 812 · District Court, M.D. Louisiana · Aug 28, 1981

The “Advance Seminar” in 1977 comes closer to qualifying as a “special training” expense. … Because Neal had a top sales record, he was qualified to attend virtually all of them.

Manzanares v. AMERICAN INTERN. FOREST PRODUCTS, INC.

389 So. 2d 1142 · Louisiana Court of Appeal · Dec 5, 1980

Hogue, the sales and traffic manager for Wickes at Grangeville, Idaho, who qualified as an expert in the field of lumber, testified that to be labeled "kiln-dried" the Ponderosa Pine must have a moisture content not greater … We are unable to say the jury was clearly wrong in its finding that the lumber became defective for use as paneling while in Pierre Guidry's custody and the seller knew of the vice.

Gulf States Section v. Whitney Nat. Bank

689 So. 2d 638 · Louisiana Court of Appeal · Feb 12, 1997

George Panzeca Jr. was qualified by the court as an expert in certified public accounting practices. Panzeca testified that Brown's practices concerning the handling of the PGA account were not appropriate. … We are unable to say that such a finding is clearly wrong. We now address the real crux of this appeal, as we see it.

State v. Orr

152 La. 1031 · Supreme Court of Louisiana · Dec 29, 1922

Tlie power here delegated is vested in police juries alone, and not in them and in the qualified electors. … We are therefore clearly of the opinion that the police jury of East Baton Rouge parish did not exceed its powers in not excepting from the prohibitory provisions of the ordinance lands of the character that defendant contends

White v. Louviere

664 So. 2d 603 · Louisiana Court of Appeal · Nov 2, 1995

In Alexander , this court merely found that the existence of a single tree root did not, by itself, qualify as an unreasonable risk of harm. … In order to establish strict liability and the right to recovery under Article 2317, the plaintiff must prove three elements: (1) the thing had a vice or defect; (2) the thing was in the defendant's custody; and (3) the injury

Fraering v. State National Bank

542 So. 2d 820 · Louisiana Court of Appeal · Apr 19, 1989

The existence of a redhibitory defect is a question of fact which can not be disturbed unless the record as a whole establishes that the finding is clearly wrong. Fogal v. … Alfred Joseph Theriot was qualified as an expert in the field of architecture and general residential construction, and testified on behalf of State National. Mr.

State v. Lee

577 So. 2d 1193 · Louisiana Court of Appeal · Apr 3, 1991

Therefore, the fingerprint card would also qualify under subsection 803(8)(a)(i) of the Louisiana Code of Evidence. In State v. Nicholas, supra, and State v. … Bath Company, is marked as "BCPD form no. 85", clearly referring to "Bossier City Police Department."

Garner v. Law

560 So. 2d 108 · Louisiana Court of Appeal · Apr 18, 1990

The evidence establishes that on January 4, 1987, Ms. Law was driving the vehicle in a westerly direction on SR-21 in Nacogdoches County, Texas, when she left the road, striking a culvert. … It is undisputed that Rose Law does not qualify as a “FAMILY MEMBER” under the policy, so, in order for the plaintiff to prevail he must prove that Ms. Law was an omnibus insured. For Ms.

D'Amico v. City of Baton Rouge

620 So. 2d 1199 · Louisiana Court of Appeal · May 28, 1993

The legislature shall establish uniform statewide office hours for clerks of the district courts. … The term agency is used in describing those bodies created or established by governing authorities of a parish or municipality. Brasseauxv.

Donaldson v. Donaldson

831 So. 2d 416 · Louisiana Court of Appeal · Oct 29, 2002

good" collective *419 bargaining agreement from the beginning through the end of his employment, that there was no indication that Donaldson had "a large jump" at any point in his career, and that the testimony did not establish … Under Blanchard, therefore, clearly the non-employee spouse may ensure payment of his or her interest in benefits by use of a QDRO.

State v. Anderson

358 So. 2d 276 · Supreme Court of Louisiana · Jan 30, 1978

California, 374 U.S. 23 , 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1963), the court announced more clearly that the Fourth Amendment, and with it the exclusionary rule, is binding on the states. … These holdings established that any tangible evidence obtained through an unconstitutional search could not be admitted into evidence.

Federal Deposit Insurance Corp. v. Caplan

874 F. Supp. 741 · District Court, W.D. Louisiana · Jan 11, 1995

Rather, the case establishes that fraud or self-dealing can convert a negligence claim against a fiduciary into a personal claim. Id. … Thus the disorder qualified as the necessary condition. In L & M Hair Care Products, Inc. v.

Collins v. Walker

215 F. Supp. 805 · District Court, E.D. Louisiana · Mar 29, 1963

The fact is, and the evidence clearly establishes, that the confession was freely and voluntarily given by petitioner and signed freely and voluntarily by him. There is no evidence to the contrary. … The evidence clearly establishes that this petitioner was able to understand the import of the confession, and that he was able to understand and differentiate right from wrong.

City of Natchitoches v. Cox

135 So. 2d 302 · Louisiana Court of Appeal · Dec 11, 1961

Domino, 233 La. 1014 , 99 So.2d 328 , which holds that the testimony of an expert, qualified and accepted as an expert witness, should be given effect only if and when it appears to be well grounded from the standpoint of … Other evidence in the record shows clearly that this would have to be done. We note further that Mr.

Miller v. Police Jury of Washington Parish

226 La. 8 · Supreme Court of Louisiana · Jul 2, 1954

The election was duly held on November 3, 1953 and a majority in number and amount of the qualified voters approved the issuance of the bonds. … In the Albritton case the right to establish a hosiery, knitting and wearing apparel manufacturing plant in the City of Winona to afford employment to the people of that city was involved but in this case the welfare of the

Zimko v. American Cyanamid

905 So. 2d 465 · Louisiana Court of Appeal · Jun 8, 2005

Tate & Lyle thus argues that the trial court erred in apparently finding the "intentional act" exception to workers' compensation immunity applies. [7] *475 Mrs. … That momentary exposure, if any, was insufficient, as established by Dr. Roggli's testimony, to establish causation.

Keller v. Loflin

13 La. Ann. 185 · Supreme Court of Louisiana · Mar 15, 1858

payment thereof be made before the expiration of twelve months after the passage of this Act; and provided, further, that the party thus applying’ for a preference right shall make oath before some officer of the State qualified … this time whether a sale of the preemption right of an actual settler upon State lands, can be proved by parol; being convinced that the objection to the witness on the score of interest, was well taken, and that he was clearly